Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-11

L
| spectacle boards OF trade such resolutions
n were daily sent 10 senators urging them
! not 10 interfere with railroad despOtism.
| The great fundamental principles winch
tie passage of this bill would establish was
that Congress not ONLY proposed hereafter
| 10 regulate inter state commerce, but pro-
! posed to regulate the carriers OF u and to
compel them 10 do equal and exact justice
| TO all persons dealing with them. The
! original bill had passed the Senate last ses-
sion 10y vote OF ~ 10 4, and bad passed
! the House by vote OF 1902 TO ~, aud now,
| when the conferrees OF both houses had
agreed upon this bill It seemed 10 him that
! II ought 10 become law. No man could ius.
! tiiy the conduct Of many Of the great railroad
! corporations in The treatment OF the vast
interests confided 10 their care and manage
ment. He referred to the anthracite.coa
pool as a specimen Of the combinations
against the public interests, and stated that
! the aggregate capitalization OF the COM
| papies engaged in Il was $500. 000.0
! while the actual cost was only Sl14 ,0O0,-
| COO. In conclusion be said he was not an
enemy OF railroads. They bad done more
than all other agencies 10 develop the re-
sources Of the Continent, but be would re-
| quire them 10 do equal and exact Justice to
all. Believing that this bin would do so
! without injury 10 any OF the legitimate
rights OF railroads he should vote for IT,.
Mr. Cullom addressed the Senate in favor
| Of the conference report, cOnhnlng his re-
marks principally % the 4ih section. AS
! TO the lOng.and. hort. haul bill, he said il
had stood remarkably well the test Of the
| general and particular scrutiny TO which 1t
! bad been subjected by the press and the
railroad companies. It's general provisions
had for the most part met with approval,
! while the feature most strongly objected to
| m the 4th section was misunderstood,
II not misIeprtscuted. He admitted that
any measure that could be passed by
Congress might prove ineffective and I'M
satisfactory in some respects until supple
| monted by State legislation, just as State
leei.latlOn now in force had been found UNI
satisfactory in some respects because OF the
absence Of national legislation. Hebelieyed
! il this legislation could be fairly tested 10
would prove beneficial both to the railroad
and The general public when once fairly in
| operation, and when business had adjusted
itself TO the changed conditions. Coming
10 the consideration OF the shOrthaul sec
ton. he said, "The objection made to this
section as il now stands, which, II II were
well founded, ! should regard as most
serious. Is that IL Is indefinite aud am
! bigIOus: that IL is open TO more than one
construction. 81 course we cannot under
take 10 say positively what cOnstruc'
ton could be put upon the language
| used by the courts II they shall be
| called upon TO determine the meaning Of
| the section. 1t seems 10 me, however, that
| but one construction can be reasonably and
properly placed upon this section, especially
| when It Is considered, as 1t must be, in con-
| nection with the other provisions Of the bill,
| and that its meaning is perfectly clear; but
| i'm view Of the erroneous construction that
seems TO have been put upon this section
IN some quarters, deem II proper TO state
| there seems TO be no difference OF opinion
| as 10 It's meaning among the cOnierree- on
| the part Of the Senate. | think the senator
from Connecticut (Mr. Plato and the Sen.
ator from Tennessee (Mr. lllrrisl un.
dcrstand the section as ] do, and
| think am justified in saying
that we would not approve il II we
| supposed or believed IL to mean what
some complain 1t does mean, or may be
named 10 mean. The shOrt-haul section
simply undertakes to lay down in specific
terms q rule which. rs have always con-
tended, is already In effect contained in the
other provisions Of the bill. The first re-
quirement oithe bill on the subject OF rates is
found i'm the first section, and Is that all rates
shall be "Tcasonable and just This is in
effect q declaration that under similar cir.
cumStances and conditions q greater sum
shall not be charged for a shorter than Tor
a longer distance, because under such err
cumstances IL would not be reasonable and
Just TO make such a charge. The next re-
quirement OF the bill that affects this ques-
ton Is found in the first part OF the 81
section, which fOrbids the giving OF undue
or unreasonable preference or advantage TO
any particular locality. This is likewise
declaration that greater sum shall not be
charged for a shorter than for longer haul
under similar circumstances and conditions,
because such charge would be the making
or giving OF an undue or unreasonable
preference TO one particular locality, or
would subject some other particular LOCALITY
10 an undue or unreasonable prejudice or
disadvantage. The Senator quoted the
fourth section in full, as | understand 1t.
This section, rs It now stands, simply pro-
hibits q railroad corporation from charging
greater aggregate sum not higher rate
for shorter than for longer distance over
the same line in the same direction, and
under substantially similar circumstances
and conditions. When the shorter is in
cludcd within the longer distance there Is
no other prohibition made i'm positive terms
than the declaration that " thi, shalt not be
construed as authorizing any common car
riCr within the terms Of this act 10 charge or
receive n great compensation for shorter
as for a longer distance. does not in terms
prohibit the charging a. much Tor
shorter as for a longer distance, but SIM
ply withhold legislative sanction from the
making Of such a charge. This qualify
ing clause negatives the inference that
might possibly be drawn from the language
Of the section without these words
namely, that as an equal charge for a shorter
distance is authorized by the inference
because only a greater charge is prohibited
this qualification therefore leaves the ques-
ton Of whether an equal amount can be
charged for a shorter distance to be de-
termincd by the provisions OF the bill to
which | have already referred, requiring
all charges to be reasonable, and forbid
ding the giving Of an unreasonable pre-
ference or advantage to any particu.
lar locality. The requirement OF the
fourth section, then, Il that rs be-
tween the shipments OF the same kind in
the same direction over the same line, and
made under substantially similar circum-
stances and conditions, a greater sum
a longer haul when the shorter comprises
a part OF the longer haul. Not that higher |
rates shall not be charged per mile, but |
that a greater aggregate shall not be |
charged. The limitations placed upon the |
prohibition that is made are very sig |
nihcant, and they must not be overlooked. |
They require that in determining the sums |
that may be charged for a shorter as COM
pared with a longer distance the require |
ment must be made
1st. Between shipments OF like kind OF
property.
ID. Under substantially similar clrcum-
stances and conditions.
Sd. over the same lines
4th. In the same direction.
9Th. When the shorter is "inclHded |
within the longer distance
When the act is 10 be applied in any given
case TO measure a charge that may be made
for any distance as compared with a longer
distance, all limitations must be taken into
account, and they must all apply TO the
case-nOt three or four Of them, but all OF
them. In the first, fourth, and fifth Of
these limitationS-but the second and third
may need some eXplanation-as | under
stand them, the words " circumstances and
mean the conditions that
govern railway traffic and the circumstances
under which II is transported. To my mind
these words are full Of meaning. They
all the circumstances and com